1 Elemental is a property developer who buys land in the hope of making a quick profit. In April 2019, she purchased a plot comprising a house and large garden from the joint registered freehold proprietors, Wolsey and Tesla. Property developer, Elemental, bought a house and large garden from Wolsey and Tesla who own the property jointly After some delay because she went on holiday before signing the Land Registry forms, Elemental was registered as proprietor in July 2019. Elemental was registered as proprietor 3 months after purchasing the property In August 2019, she inspected the land for the first time and discovered the following: (i) Ford appeared to be living in the house, on the ground floor. Ford said that he had agreed with Wolsey and Tesla that he could occupy the ground floor for three years for Ā£800 per month. When questioned, Wolsey and Tesla confirm Ford's story that the agreement was reached in May 2019 and that Ford moved in immediately. Lease or license? (ii) There is a track running across the land leading to a new development next door. Ginetta is the registered proprietor of the development land next door. On being questioned, Ginetta said that, in November 2018, Wolsey and Tesla promised her that she could use the old track as an access way to her new development. Despite being unable to produce any written evidence of this agreement, Ginetta is able to prove that she has spent Ā£15,000 on improving the track and that she has used it every day for the last six months. Easement - Is it capable of being overreached - Mortgage express v Lambert (iii) Honda lives in a house that backs on to Elemental's plot and said that he had agreed with Wolsey and Tesla that Elemental's plot should not be used for more than one dwelling. Elemental is surprised at this because she is hoping to get planning permission for a block of flats, but on re-examining the title register sees that a covenant to this effect is registered against her title. Her solicitor had not discovered the covenant despite it being correctly registered. Restrictive covenant (iv) Elemental also met Invicta, who is living in a caravan in the garden. Invicta demonstrated that she has been living in the caravan since January 2005, and although she paid rent to Wolsey and Tesla for the first two years, she has paid nothing since December 2007. Invicta also produced a written agreement signed by Invicta and Wolsey and Tesla, dated September 2017, that gives Invicta an option to purchase the entire plot. Elemental checks the register again, but there is no mention of the option to purchase. Adverse possession Advise Elemental. i)
Does Ford have a lease of license Exclusive possession - unsure For a term - For a certain duration (Lace v Chandler) - For 3 years At a rent - Payment of rent not a necessary element of a lease - Constitutes consideration for a lease contract, demonstrates